Generally, a medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5. You should consult an attorney to discuss the specifics of your case, as other factors may be involved in making the determination.
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Generally the statute of limitations for medical malpractice in California is 1 year from the date of the injury, or 3 years if you did not know or had no reason of knowing about the injury. However, because you were a minor, the statute would not begin to run until after your 18th birthday.
Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.
A minor (under the age of 18) must bring the action within 3 years of the date of the alleged malpractice, unless the minor was under age 6 at the time of the malpractice or unless the parent and insurance company committed fraud. We do not know how old you are now, to be able to tell you if your statute of limitations has expired.
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Statute starts to run when you are eighteen. Call a local med mal lawyer to discuss.
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